Article VIII — OFFENSES

SEC. 7-125. CONSUMPTION AND POSSESSION OF ALCOHOL.

(A) Consumption of alcoholic beverages on streets and public places. No person shall consume beer, wine or other alcoholic beverage, as defined by the Alcoholic Beverage Control Act of the State of California:

(1)  While upon any publicly owned property in the city, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking

lots; public passageways; public streets; public rights-of-way; publicly owned, maintained or operated parks; publicly owned, maintained or operated landscaped areas or greenbelts; publicly owned, maintained or operated open spaces, including, but not limited to, those adjacent to city hall or other public facilities or buildings of any kind; public sidewalks, curbs and gutters; public educational institutions; or other government-owned, -maintained or -operated properties located within the city.

(2) Upon any private street, building or private property within the city without the consent of the person or entity in possession or control thereof.

(B) Possession of alcoholic beverages on streets or other public places.

(1) No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or contents of which

have been partially removed while upon any publicly owned property in the city, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained or operated parks; publicly owned, maintained or operated landscaped areas or greenbelts; publicly owned, maintained or operated open spaces, including, but not limited to, those adjacent to city hall or other public facilities or buildings of any kind; public sidewalks, curbs and gutters; public educational institutions; or other government owned, maintained or operated properties located within the city.

(2)  This section does not apply when an individual is in the possession of an alcoholic beverage container for the purpose of recycling or other related activity.

(3)  This section does not apply to possession and transport of a corked bottle of wine removed from a bona fide eating place pursuant to Cal. Business and

Professions Code, Section 23396.5.

(4)  This section is enacted pursuant to Cal. Business and Professions Code Section 25620.

(C) Possession of alcoholic beverages adjacent to a licensed retail establishment. No person who has in his/her possession any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the

posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code.

(D) Penalty; misdemeanor or infraction.

(1) Any person violating any of the provisions of section 7-125(A) shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $1,000, or shall be imprisoned in the county jail for a period not to exceed six months, or shall receive both such fine and imprisonment.

(2) The city may issue a civil citation to any person who violates section7-125(B) or (C), or prosecute such violation as an infraction.

(E) This section shall not be deemed to make punishable any act prohibited or expressly permitted by any law of the State of California; provided further that the provisions of this section shall not prohibit the holding, exercise of dominion over, or consumption of such beverages upon any premises licensed for the consumption of alcoholic beverages on the premises.

(`64 Code, Sec. 20-1) (Ord. No. 2452; 2774; 2944)

SEC. 7-126. COMMUNITY EVENTS EXCEPTION.

Notwithstanding section 7-125, at any duly permitted event where the person conducting the event has obtained a license from the State Department of Alcoholic Beverage Control, alcoholic beverages may be dispensed and consumed in areas at the event specifically permitted by the police chief.

(`64 Code, Sec. 20-2) (Ord. No. 2452)

SEC. 7-127. TERMINAL SALE; DEFINED.

Terminal sale is a one-time sale of a total inventory of goods or the sale of the stock of goods of a business advertising or holding itself out to be terminating commercial operations at a fixed place of business. The term is synonymous with an “insurance,” “bankruptcy,” “damaged goods,” “insolvency,” “assignee's,” “executor's,” “administrator's,” “receiver's,” “trustee's,” “creditor's,” “forced re-removal,” “closing out,” “lost lease,” “we quit” and other sales similarly designated.

(`64 Code, Sec. 20-3) (Ord. No. 2452)

SEC. 7-128. PERMIT REQUIRED; EXCEPTIONS.

(A) No person shall conduct a terminal sale without first obtaining a permit issued by the license collector.

(B) Application for such permit shall be completed on forms provided by the license collector.

(C) The fee for such permit shall be established by resolution of the city council.

(D) The permit requirements of this section shall not apply to:

(1) A sale conducted under court order;

(2) A sale conducted by a governmental entity; or

(3) A sale conducted by any person or business terminating commercial operations at a fixed place of business that is the subject of eminent domain proceedings

or is within a defined governmental redevelopment area.

(`64 Code, Sec. 20-4) (Ord. No. 2452)

SEC. 7-129. PROHIBITED CONDUCT.

No person or business shall advertise or conduct a terminal sale:

(A) For a continuous period greater than 90 days;

(B) With inducement, advertising or representations that do not state the true facts concerning the terminal sale; and

(C) For any inventory of merchandise to which goods have been added or additional stock included while the terminal sale is in progress.

(`64 Code, Sec. 20-5) (Ord. No. 2452)

SEC. 7-130. GOLF CLUBS IN PUBLIC PARKS.

(A) No person shall possess a golf club in a public park, except in a public park that is held open for the purpose of playing or practicing golf.

(B) No person shall use any object to strike a ball resting on the ground or on a supporting structure that is on or in the ground in a public park, except in areas of a public park held open for the purpose of playing or practicing golf.

(C) For purposes of this section, "golf club" means an implement composed of a shaft at least 18 inches long and a head no larger than six inches in any dimension, fixed so that the implement is one unit.

(`64 Code, Sec. 20-6) (Ord. No. 2452, 2658)

SEC. 7-131. WARNING OF APPROACH OF LAW ENFORCEMENT OFFICERS PROHIBITED.

No person shall signal to or act as a lookout for other persons engaged in unlawful activity to warn of the approach of law enforcement officers nor shall any person solicit, encourage, employ, or offer payment to others to do the same.

(`64 Code, Sec. 20-7) (Ord. No. 2452, 2522)

SEC. 7-132. OBSTRUCTION OF MOVEMENT ON PUBLIC WAYS.

(A) No person shall sit or lie down in or upon any public street, sidewalk or crosswalk in the city in any manner so as to hinder or obstruct the free passage of pedestrians thereon, or to annoy or molest such pedestrians.

(B) The prohibitions of subsection (A) shall not apply to any person who:

(1)  Is sitting or lying down on a public way due to a medical emergency;

(2) As the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public way; or

(3)  Is operating or patronizing a commercial establishment conducted on the public way pursuant to a permit duly issued by the city or who is participating in or

attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on a public way pursuant to a permit duly issued by the city.

(C) No person shall be prosecuted for a violation of subsection (A) unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this chapter.

(D) Except for an on-duty peace officer, as defined in Cal. Penal Code, Section 830, no person 12 years of age or older shall ride a bicycle on a public sidewalk in the city.

(`64 Code, Sec. 20-8) (Ord. No. 2452, 2711)

SEC. 7-133. BEGGING PROHIBITED.

No person shall, in any place of business where food or drink is sold and consumed, beg, solicit or importune any patron or customer of or visitor in such establishment to purchase any article of food or drink for the one begging, soliciting or importuning, or for any frequenter, habitue, vagrant or idle person in or about such place.

(`64 Code, Sec. 20-13) (Ord. No. 2452)

SEC. 7-134. PROPRIETOR RESPONSIBLE.

No person who owns, manages or otherwise controls any business where food or drink is sold and consumed shall permit or allow another person to beg, solicit or importune patrons, customers or visitors thereof in the manner and for the purposes specified in section 7-133.

(`64 Code, Sec. 20-14) (Ord. No. 2452)

SEC. 7-135. PARADES PROHIBITED WITHOUT PERMIT.

(A) No person or organized group of persons shall march or parade on any street, alley, sidewalk, public thoroughfare, park or place without first obtaining a permit therefor from the city manager. Application for such a permit may be oral or written.

(B) The city manager shall issue a permit subject to reasonable conditions to protect the public health, safety or welfare.

(C) Any person aggrieved by the determination of the city manager under this section may within two weeks thereof appeal the matter to the city council. The city council's decision shall be final and shall exhaust all administrative remedies.

(`64 Code, Sec. 20-15) (Ord. No. 2452)

SEC. 7-136. PARKS TO BE CLOSED AT DUSK; VIOLATION.

(A) Except when different hours shall be established by the city manager, any public park and/or recreation area owned or operated by the city shall be closed everyday to the public from dusk to 7:00 a.m.

(B) Any person who enters or is on the premises of a public park or recreation area owned or operated by the city at a time when the park or facility is closed, shall be guilty of a violation of section 1-10 of this code.

(C) This section shall not apply to events, programs and activities sponsored or permitted by the city.

(`64 Code, Sec. 20-16) (Ord. No. 2452)

SEC. 7-137. APPLICATION FOR PERMISSION TO BE IN A PARK OR RECREATION AREA.

Any person, wishing to be in or otherwise use a public park or recreation area, owned or operated by the city, between dusk and 7:00 a.m. shall obtain a permit to do so. The application for the permit shall be on a form approved by the city manager.

(`64 Code, Sec. 20-17) (Ord. No. 2452)

SEC. 7-138. SALE OF CONFECTION, CANDY, LIQUID OR OTHER REFRESHMENT IN WAX CONTAINERS PROHIBITED.

No person in the city shall give away, sell or offer to sell any confection, candy, liquid or other refreshment in wax or paraffin containers, or other containers which when discarded upon a sidewalk or street will create a waxy, oily or greasy condition. This section shall not be construed to prohibit merchandising of products in paper or cardboard containers which are coated with paraffin or wax.

(`64 Code, Sec. 20-18) (Ord. No. 2452)

SEC. 7-139. UNCAPPED WELL PROHIBITED.

No person shall maintain or permit to be maintained or for any reason to own or control any real property on which there is maintained or permitted to be maintained any uncapped or unguarded well, cistern, oil sump or other earthen sump, excavation or hole likely to produce bodily injury to persons as a result of a fall therein.

(`64 Code, Sec. 20-19) (Ord. No. 2452)

SEC. 7-140. ABATEMENT BY CITY.

The existence of any condition described in section 7-139 is hereby declared to be and is made a public nuisance. All such nuisances reported to or discovered by the city shall be abated in the manner provided by law.

(`64 Code, Sec. 20-20) (Ord. No. 2452)

SEC. 7-141. DISCHARGE OF FIREARMS AND OTHER WEAPONS.

(A) No person shall fire, shoot or discharge within the limits of the city any gun, rifle, pistol or other firearm, or any air gun, air rifle or air pistol, or any spring gun, spring rifle or spring pistol, or any carbon dioxide or other gas-operated gun, rifle or pistol.

(B) The provisions of this section shall not apply to a peace officer in the performance of his/her duty, nor to any person:

(1)  While shooting in a municipally licensed or municipally owned or operated shooting gallery, pistol or target range;

(2)  While shooting an air gun, air rifle or air pistol, or any spring gun, spring rifle or spring pistol, or any carbon dioxide or other gas operated gun, rifle or pistol in

any private place or location constructed such that it is not possible for the ammunition, projectiles or other objects expelled by such guns, rifles or pistols to escape the place or location;

(3)  While shooting in the course of the lawful protection of crops grown for sale on property consisting of five or more acres devoted to agricultural uses;

(4)  While shooting in and as a part of an adult supervised training program or curriculum of any public or private school or club or association organized for

instruction in the use of firearms in any place or location specified in and regulated by this chapter or from which the ammunition, projectile or other objects expelled by the weapons used cannot escape; or

(5)  While lawfully defending life or property.

(C) If the person shooting under this chapter is a minor then he/she shall be supervised by an adult person who is present when the minor is shooting.

(D) Any adult person who has care, custody or control of a minor and who suffers or permits the minor to discharge a weapon in violation of this section, is guilty of a misdemeanor.

(E) In any prosecution charging an adult with suffering or permitting a minor to discharge a weapon in violation of this section, proof of the people of the State that an adult had care, custody or control of the minor discharging the weapon shall constitute prima facie evidence that the adult suffered or permitted the minor to discharge the weapon and that the adult had the duty and power to prevent the discharge of the weapon.

(`64 Code, Sec. 20-21) (Ord. No. 2401, 2452)

SEC. 7-141.1. REPORTING LOST OR STOLEN FIREARMS.

(A) Any person residing or doing business in the city who owns or possesses a firearm, as defined in the California Penal Code, shall report the theft or loss of the firearm to the police department within 72 hours after his or her discovery or knowledge of the theft or loss.

(B) Any person residing or doing business in the city who has experienced the loss or theft of a firearm, as defined in the California Penal Code, in the city within the five years prior to November 23, 2007, without the firearm having been recovered during such time, shall report the theft or loss to the police department within 90 days of November 23, 2007.

(Ord. No. 2757)

SEC. 7-142. INTERFERENCE WITH POLICE SERVICE DOGS PROHIBITED.

(A) No person shall willfully interfere with any police service dog while such dog is being utilized by any peace officer or employee of the city in the performance of any functions of the city.

(B) Interfere, as used in this section, shall include teasing, taunting, striking, shooting at or near, distracting, restraining, injuring, directing or urging any other animal to attack, or in any other manner hindering such dog or delaying or preventing it from performing its functions.

(`64 Code, Sec. 20-22) (Ord. No. 2452)

SEC. 7-143. URINATION AND DEFECATION PROHIBITED IN PUBLIC.

No person shall urinate or defecate upon any street, sidewalk, parkway, alley or other place exposed to public view within the city.

(`64 Code, Sec. 20-23) (Ord. No. 2452)

SEC. 7-144. SKATEBOARDING, BICYCLING, ROLLER SKATING, INLINE SKATING OR RAZOR SCOOTING IN PUBLIC PARKING LOTS AND ON PRIVATE PROPERTY.

(A) The following regulations shall apply to skateboarding, bicycling, roller skating, inline skating, or razor scooting in public parking lots:

(1) No person shall ride, propel or in any manner operate a skateboard, bicycle, roller skates, inline skates, or inline scooter on or over any public parking lot upon

which the city has posted signs informing such person that such uses are prohibited.

(2) The prohibitions set forth in this section shall not apply unless and until the city complies with the following:

  (a)  Provide notice in and about the area where the activity is prohibited, in conspicuously placed locations and in sufficient numbers to adequately notify a person

engaging in the prohibited activity;

  (b) The notice shall identify in capital letters at least two inches high the activities that are prohibited and shall identify this section of the code.

(B) The following regulations shall apply to skateboarding, bicycling, roller skating, inline skating, or razor scooting on private property:

(1) No person shall ride, propel or in any manner operate a skateboard, bicycle, roller skates, inline skates, or inline scooter on or over any privately owned

property upon which the owner, manager, or other person in charge of such private property has posted signs informing such person that such uses are prohibited.

(2) The prohibitions set forth in this section shall not apply unless and until the owner, manager, or person in charge of such private property complies with the

following:

  (a)  Provide notice in and about the area where the activity is prohibited, in conspicuously placed locations and in sufficient numbers to adequately notify a person

engaging in the prohibited activity;

  (b) The notice shall identify in capital letters at least two inches high the activities that are prohibited and shall identify this section of the code.

(Ord. No. 2767)

SEC. 7-145. USE OF OFF-STREET PARKING.

(A) Except as set forth in subsections (A)(1) - (A)(5) of this section, no person shall park a motor vehicle in any off-street parking area in a commercial zone.

(1) A customer may park a motor vehicle in an off-street parking area while doing business with one of the commercial enterprises served by such off-street parking.

(2) An employee may park a motor vehicle in an off-street parking area during the employee's normal working hours with one of the commercial enterprises served

by such off-street parking.

(3) A person doing business with a commercial enterprise may park a motor vehicle in an off-street parking area during the time the person is doing business with a

commercial enterprise served by such off-street parking.

(4) A person may park a motor vehicle in an off-street parking area if the use is in accordance with a valid temporary use permit for such off-street parking area.

(5) A person may park a motor vehicle in an off-street parking area owned by the city if the use is in accordance with and authorized by a written license agreement

with the city.

(B) This section shall only apply during the hours that any commercial enterprise served by such off-street parking is open for business.

(Ord. No. 2609, 2636)

SEC. 7-146. TRESPASSING ON RIVER RIDGE GOLF COURSE.

(A) No person shall trespass on the River Ridge Golf Course.

(B) For purposes of this section, "trespass" means to enter the golf playing area (except the driving range or the practice area) of the River Ridge Golf Course without a receipt issued for that purpose on the same day in the pro shop of the River Ridge Golf Course; or to enter the golf playing area of the River Ridge Golf Course at any time that the golf playing area is closed.

(C) For purposes of this section, the golf playing area of the River Ridge Golf Course is the area outlined on the map on file with the city clerk.

(Ord. No. 2659)

SEC. 7-147. TAKING OFF OR LANDING OF ULTRALIGHT VEHICLES.

(A) No person shall cause an ultralight vehicle to take off from or land within the city except at an airport open to the public.

(B) For the purposes of this section, the term ULTRALIGHT VEHICLE shall mean a vehicle that:

(1)  Is used or intended to be used for manned flight by a single occupant;

(2)  Is used or intended to be used for recreation or sport purposes only; and

(3) Does not have any United States or foreign airworthiness certificate.

(Ord. No. 2704)

SEC. 7-147.1. FIREWORKS.

(A) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:

(1) DANGEROUS FIREWORKS shall be defined as set forth in Cal. Health and Safety Code section 12505, as such definition may be amended from time to time

by the California Legislature.

(2) FIREWORKS shall be defined as set forth in Cal. Health and Safety Code section 12511, as such definition may be amended from time to time by the California

Legislature.

(B) Prohibition.

(1)  Except as authorized by the fire chief in accordance with the currently adopted California Fire Code, no person shall sell, offer to sell, use, or have in his/her

possession within the city any fireworks or dangerous fireworks.

(2) Except as authorized by the fire chief in accordance with the currently adopted California Fire Code, no property owner or tenant shall allow or permit the sale, offer to sell, use, or possession of fireworks on their property when the property owner or tenant knows or should know of the sale, offer to sell, use, or possession of fireworks at the property.

(C) Violation. Any person violating a provision of division (B) of this section shall be subject to a fine in accordance with article III of chapter 7 of this code or is guilty of a misdemeanor.

(Ord. No. 2773, 2938)

SEC. 7-148. ALCOHOL CONSUMPTION BY MINORS PROHIBITED – PURPOSE AND INTENT.

The city council finds and determines that minors often obtain alcoholic beverages at parties held at private premises. The city council further funds and determines that persons who will be held responsible for abetting or tolerating such conduct will be more likely to properly supervise or stop such parties on property under their control.

(Ord. No. 2734)

SEC. 7-148.1. DEFINITIONS.

For purposes of sections 7-148 through 7-148.13, the following terms shall have the following meanings:

(A) ADULT - A person who is 21 years of age or older.

(B) CONTROL - Any form of dominion including ownership, tenancy, or other possessory right.

(C) RESIDENCE or PREMISES - A house, yard, apartment, condominium, or other dwelling unit, a hotel or motel room, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for living space or for a party, meeting, or other social function, and whether owned, leased, rented, or used with or without compensation.

(D) ENFORCEMENT SERVICES - The salaries and benefits of police officers or other code compliance personnel for the amount of time actually spent in responding to or in remaining at the residence or premises and the administrative costs attributable to the incident, the actual cost of any medical treatment to injured police officers or other code compliance personnel as a result of injuries suffered in responding to or in remaining at the residence or premises, the cost arising from the use of any city equipment in responding to or remaining at the residence or premises, and the cost of repairing any damaged city equipment or property used in responding to or in remaining at the residence or premises.

(E) MINOR - A person who is less than 21 years of age.

(Ord. No. 2734)

SEC. 7-148.2. CONSUMPTION OF ALCOHOL BY MINOR PROHIBITED IN PUBLIC PLACE, PLACE OPEN TO PUBLIC, OR PLACE NOT OPEN TO PUBLIC.

Except as permitted by State law, it shall be a violation for any minor to:

(A) Consume at any public place or any place open to the public any alcoholic beverage; or

(B) Consume at any place not open to the public any alcoholic beverage, unless his/her parent or legal guardian in connection with the consumption of the alcoholic beverage is supervising that minor.

(Ord. No. 2734)

SEC. 7-148.3. HOSTING, PERMITTING, OR ALLOWING A PARTY, GATHERING, OR EVENT WHERE MINORS CONSUMING ALCOHOLIC BEVERAGES PROHIBITED.

(A) Except as permitted by Article 1, Section 4, of the California Constitution, it shall be a violation for any person to host, permit, or allow a party, gathering, or event at his/her place of residence or other private property, place, or premises under his/her control where two or more minors are present and alcoholic beverages are being consumed by any minor.

(B) This section shall not apply to conduct involving the use of alcoholic beverages, which occurs exclusively between a minor child and his/her parent or legal guardian.

(C) This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control.

(Ord. No. 2734)

SEC. 7-148.4. PROTECTED ACTIVITIES.

The provisions of sections 7-148.2 and 7-148.3 shall not apply to legally protected religious activities.

(Ord. No. 2734)

SEC. 7-148.5. FINES.

An enforcement officer may issue a civil citation for a violation of section 7-148.2 or a violation of section 7-148.3. Any person who violates said sections is subject to a fine in accordance with section 7-56 of Article III of Chapter 7 of this code.

(Ord. No. 2734)

SEC. 7-148.6. CIVIL LIABILITY FOR ENFORCEMENT SERVICES.

When a party, gathering, or event prohibited by section 7-148.3 occurs and police officers or code compliance officers are called to the scene, the person(s) having control of the residence or premises shall be liable for the cost of providing enforcement services. If the person having control is a minor and if a parent or legal guardian is served with a copy of the civil citation issued to the minor, the parent or legal guardian of that minor shall be liable for the costs incurred for said enforcement services

up to the limits allowed by State law.

(Ord. No. 2734)

SEC. 7-148.7. REIMBURSEMENT FOR COST OF ENFORCEMENT SERVICES.

The actual cost of enforcement services described in section 7-148.6 shall be deemed a debt owed to the city recoverable in a civil action and shall be recoverable in a civil action, including reasonable attorney fees and costs.

(Ord. No. 2734)

SEC. 7-148.8. RESERVATION OF LEGAL OPTIONS.

The city does not waive its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in section 7-148.9 is in addition to any other statute, ordinance, or law, civil or criminal. This section in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by sections 7-148.2 or 7-148.3.

(Ord. No. 2734)

SEC. 7-148.9. ADMINISTRATIVE HEARINGS.

(A) A person who receives a civil citation for a violation of section 7-148.2 or section 7-148.3 may request an administrative hearing.

(B) A request for an administrative hearing shall be made on an administrative hearing request form and shall include the grounds for requesting an administrative hearing.

(C) Any request for an administrative hearing shall be filed with the city manager within 30 days of the issuance of the civil citation. The request shall be accompanied by a deposit of the fine amount imposed in the civil citation.

(D) Unless the hearing was otherwise continued, a person requesting an administrative hearing shall attend the hearing on the date, time, and location specified in the civil citation. Failure to attend the hearing shall constitute an abandonment of the request for an administrative hearing.

(Ord. No. 2734)

SEC. 7-148.10. HEARING PROCEDURES.

(A) The administrative hearing shall be conducted by a hearing officer on the date, time, and location specified in the civil citation.

(B) The city manager shall ensure that all information relevant to the civil citation is provided to the hearing officer prior to the hearing date. The city manager shall provide the person who received the civil citation with a copy of all information provided to the hearing officer.

(C) The person who received the civil citation shall be allowed to testify and to present evidence relevant to any financial hardship or to the violation cited.

(D) The civil citation and any other reports prepared by the enforcement officer concerning the violation and provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and of the facts stated in such documents.

(E) Neither the enforcement officer nor any other representative of the city shall be required to attend an administrative hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the civil citation. The enforcement officer may, in his/her discretion, appear at an administrative hearing and/or submit additional evidence.

(F) If a request is made by the person who received the citation or a representative of the city setting forth good cause for a continuance, the hearing officer may continue an administrative hearing.

(G) If a continuance is granted, a new hearing date shall be set within 45 days and shall be specified in the notice of continuance. If a continuance is denied, the administrative hearing shall proceed as scheduled. The decision of the hearing officer to grant or deny a continuance shall be final and is not subject to judicial review.

(H) An administrative hearing shall be conducted informally without strict adherence to the legal rules of evidence.

(I) Failure of the person who received the civil citation to appear at a hearing shall constitute an abandonment of the hearing and a failure to exhaust administrative remedies concerning the violation set forth in the civil citation. Failure to appear by the person who received the citation shall be noted on the notice of decision by the hearing officer which will be mailed to said person.

(Ord. No. 2734)

SEC. 7-148.11. DECISION.

(A) The hearing officer shall issue a notice of decision within five working days of the conclusion of the administrative hearing either upholding or dismissing the civil citation. The decision of the hearing officer shall be final.

(B) The hearing officer may not increase or reduce any fine specified in the civil citation.

(C) The notice of decision shall be personally delivered or mailed to the person who received the civil citation.

(D) If the hearing officer dismisses the civil citation, the city shall, within 30 days of the date of the notice of decision, refund to the person who received the civil citation any fine deposited with the city.

(Ord. No. 2734)

SEC. 7-148.12. JUDICIAL REVIEW.

(A) The person who received the civil citation may seek judicial review of the hearing officer's decision by filing an appeal with the Ventura County Superior Court Clerk within 20 calendar days after said person receives a copy of the notice of decision in accordance with Cal. Gov't Code section 53069.4. Any appeal filed with the superior court shall contain a proof of service showing that a copy of the appeal was served upon the city. The person who received the citation must pay the appropriate filing fees.

(B) Judicial review is not available for an abandonment of an administrative hearing by a person who received a civil citation by failing to appear at the administrative hearing or failing to deposit the appropriate fine amount.

(C) Within 15 days of any request, the city attorney or his/her designee shall forward to the superior court, the appropriate notice of decision and civil citation for any matter appealed to the superior court. If the superior court reverses any decision of the hearing officer, the city shall refund the superior court filing fee and any fine deposit paid by the person who received the citation.

(Ord. No. 2734)

SEC. 7-148.13. COLLECTION OF DELINQUENT FINES.

(A) The city manager may pursue any and all legal and equitable remedies for the collection of delinquent fines, including interest and penalties.

(B) Any delinquent fines, interest, and penalties may be recovered as a lien or special assessment against the property of the person who received the citation.

(C) Prior to recording a lien or special assessment, the city manager shall prepare a cost report itemizing the amount owed by the person who received the citation.

(D) The city manager shall notify the person who received the citation of the time, date, and location that the city council shall consider any cost report imposing a lien or special assessment on property of said person.

(E) At a public hearing, the city council shall consider the cost report with any objections of the person who received the citation liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.

(F) Upon approval by the city council, the city manager shall file a certified copy of the cost report with the county auditor. The city manager shall request the auditor to enter each assessment on the county tax roll and to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes.

(Ord. No. 2734)

SEC. 7-149. RESIDENTIAL YARD SALES.

(A) For purposes of this section, a YARD SALE shall be defined as the public sale of items from a garage, carport, patio, driveway, front yard, side yard, or back yard of a residence.

(B) Yard sales shall be limited to no more than three per residence during a calendar year. No yard sale shall occur within 30 days from the last day of any previous yard sale held at the same residence.

(C) Each yard sale shall not exceed three consecutive days and shall be held only between the hours of 7:00 a.m. or sunrise, whichever is later, and 6:00 p.m. or sunset, whichever is earlier.

(D) Yard sale items shall not be displayed on or obstruct public streets, alleys, or sidewalks.

(E) Yard sale items shall be removed from public visibility at the end of each day said yard sale is held.

(F) Yard sale items shall be the personal property of the resident and shall have been used in the home of said resident. Items that were purchased, solicited, or made for the purpose of resale shall not be sold or displayed at any yard sale.

(G) The provisions of this section shall not apply to sales of personal property made under court order.

(Ord. No. 2825)